Prof.Bhim Singh, Chief Patron of National Panthers Party has urged Shri Pranab Mukherjee, the President of India for his immediate intervention under Section 92 of J&K Constitution directing the J&K Governor to dissolve the J&K Assembly which has not been notified 50 days after its inception because no political party in the State Assembly is in a position to form a legitimate government according to the J&K Constitution. In such a situation the provision of Section 92 (4) has to be invoked which states;

“If the Governor by a proclamation under this section assumes to himself any of the powers of the Legislature to make laws, any law made by him in the exercise of that power shall, subject to the terms thereof, continue to have effect until two years have elapsed from the date on which the proclamation ceases to have effect, unless sooner repealed or re-enacted by an Act of the Legislature, and any reference in this Constitution to any Acts of or laws made by the legislature shall be construed as including a reference to such law.

No proclamation under sub-section (1) shall be issued except with the concurrence of the President of India.”

Section 92(1) commands,

“If at any time the Governor is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the Governor may by Proclamation—

(a). assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by anybody or authority in this State.”

Prof.Bhim Singh pointed out that 50 days have passed and no political party has claimed to form a government even on casual basis. The fact is J&K, a highly sensitive bordering state which has been facing militancy, wrath of terrorism from abroad and has turned a den of corruption and unlawful activities. Thousands of youth who have taken interviews for their recruitments in the different disciplines have been sitting on the streets.

The entire administration has reached a threshold of collapse because there is a temporary Governor Rule and the Governor at present cannot take hard decisions on substantive matters, naturally so because Assembly elections were held, the results are out for 50 days yet the Assembly has not been constituted in accordance with the law.

The flood victims have been suffering for want of relief as per direction of the Supreme Court of India on several writ petitions including J&K National Panthers Party. The Jammu Migrants as well as border migrants who were forced to run away from their homes situated on the international border have not been provided adequate relief as per direction of the Supreme Court of India on writ petition of JKNPP in 2000.

There is no electricity or drinking water available for the people particularly in the rural areas and 90% departments have gone functionless because of the administrative anarchy due to non-governance in the state.

50 days without governance are sufficient evidence to establish that there is no government. Some political parties with agendas poles apart have not been able to form a government nor shall they do so even after 100 days. This is the situation which demands urgent intervention of the President of India as envisaged in Section 92 of the Constitution of J&K.

He urged the President of India to let the Governor of J&K take over the administration by dissolving the un-notified State Assembly and prepare for the next Assembly election in the interest of democracy, rule of law and honour the aspirations of the people of J&K for further safety and security of the country.